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Discrimination / Harassment

Beat bias lawsuits with cold, hard facts

04/16/2012
Employers that are prepared to offer cold, hard facts to de­­fend their decisions—even those that may look suspicious at first glance—rarely lose lawsuits. The more objective the business reasons you have for personnel decisions, the better off you are.

Safety trumps bias claim in case of ‘no skirts’ rule

04/16/2012
One of the few times you can overrule an employee’s religious accommodation requests is when safety is involved, as the following case shows.

EEOC defines ‘reasonable factors other than age’ in age discrimination cases

04/12/2012

A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age,” or RFOA, not discrimination. Last month, the EEOC issued final regulations that clarify—using a nonexhaustive list of “other than age” factors—what would legally qualify as a legitimate RFOA in age-bias cases. This new EEOC Q&A document explains the new rules… 

Former employee of music publisher sings to EEOC

04/12/2012
Winona-based Hal Leonard Publishing Co. has settled a sexual harassment class action suit with the EEOC. The music publisher will pay $150,000 to a class of women who claim they had to endure unwanted grabbing, squeezing and sexual innuendo.

Management’s independent review trumps supervisor’s hidden discrimination

04/12/2012
When upper management rubber-stamps an employment decision made by a supervisor who discriminates, the employer is liable for the discrimination. But if higher-ups independently review the situation before ratifying the decision, the employer isn’t bound by its discriminating subordinate’s wrongdoing.

Report alleges state didn’t investigate hospital head

04/12/2012
The state Department of Human Services failed to check educational and employment references for the director of the state’s largest mental hospital, according to a report by Minnesota Public Radio.

Menorah House sees the light

04/11/2012
A Boca Raton nursing facility, Menorah House, has agreed to settle a religious discrimination suit filed by two former employees after management stopped accommodating their religious needs. The two employees were Seventh-Day Adventists, who do not work from sundown Friday to sundown Saturday.

Don’t treat pregnancy-related absences differently than other medical absences

04/11/2012
If you provide additional leave or special arrangements for someone recovering from a heart attack or broken leg, you must provide them for a pregnant employee, too. Otherwise, you may be violating the Pregnancy Discrimination Act.

Boca Raton gas station draws ire for alleged religious bias

04/11/2012
It’s not just discrimination against workers that gets employers in trouble. Bias against customers can land them in hot water, too.

No job protection for urging criminal report

04/11/2012
In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.